Moyne Shire Council

[2019] FWCA 8447

[2019] FWCA 8447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moyne Shire Council
(AG2019/4547)

MOYNE SHIRE COUNCIL ENTERPRISE AGREEMENT NO.9 2019

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 DECEMBER 2019

Application for approval of the Moyne Shire Council Enterprise Agreement No.9 2019.

[1] Moyne Shire Council has applied for approval of a single enterprise agreement known as the Moyne Shire Council Enterprise Agreement No.9 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 1.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation (Victorian Branch), the Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch and the Association of Professional Engineers, Scientists and Managers Australia being, bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 13 December 2019 and, in accordance with s.54, will operate from 20 December 2019. The nominal expiry date of the Agreement is 13 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506472 PR715261>